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HomeMy WebLinkAboutPD 2023-0032; Justin Fox and Mindy J. Fox; 2024-0075702; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2024-0075702 111111111111 lllll 11111111111111111111 lllll 1111111111111111111111111111 Mar 27, 2024 09:45 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-210-12-00 -----------PERMIT NO. : EAGREE2023-0035 PERMIT NO. : ROW2023-0534 PROJECT ID: PD 2023-0032 PROJECT NAME: 3525 Highland Dr. Pavers RELATED PERMIT NO.: CBR2022-1139 RELATED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Justin Fox and Mindy J. Fox, Trustees of the Fox 2023 Revocable Trust dated August 12, 2023 ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 3525 Highland Dr. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 205-210-12-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public street and utility purposes which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow decorative pavers to remain in a portion of the general utility and access easement. A plat showing the location of the encroachment is attached as Exhibit "C" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. 1 Q:\CED\LandDev\PROJECTSIPD\PD 2023\PD2023-0032 Fox Residence\Encroachment Agreement\ENCROACHMENT AGMT.doc9/5/2014 (B) The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. (D) Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: If to the Owner: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Justin Fox and Mindy J. Fox, Trustees 3525 Highland Drive Carlsbad, CA 92008 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 2 Q:\CED\LandDev\PROJECTS\PD\PD 2023\PD2023-0032 Fox Residence\Encroachment Agreement\ENCROACHMENT AGMT.doc9/5/2014 8. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. . IN WITNESS WHEREO~ese parties hereto have executed this Agreement on this 2, day of j,(<iJ-6, , 202Ji. OWNERS: Justin Fox and Mindy J. Fox1 CITY OF CARLSBAD, a municipal Trv.,f--te.~ of f'-t. Fo)( R~voc"ble. Trvs+i-tt~ corporationoftheStateofCalifornia Av,Jv1+ Jl 1 'lbl3 (Sign Here) ..::r (1( 51]1,,\ 'h~ (Print Name Her APPROVED AS TO FORM: CINDIE MCMAHON City Attorn~y / i•, /--~ f ~ ,. By: z:'.c, ~_;L _,,, n rest :;:;;;.n: Assistant City AUun,ey JASON S. GELDERT, En • • R9£ 63912 Exp. 9/30/2024 3 Q:\CED\LandDev\PROJECTS\PD\PD 2023\PD2023-0032 Fox Residence\Encroachment Agreement\ENCROACHMENT AGMT.doc9/5/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ) On-~,___---L..-beforeme, kcl'.5tq/ Cvtler No+qry ~u&I;~ DaO, fd9f..e_ lnse1 Name and Title of the Officer ~ personally appeared J~V$:...<--+ ........ i Y\4.-£'"""--=-o...L.X.__ ..... ~'-----'---1 V \-+; .._O,__d_,_f_:J._.---'F'-o=-p.x------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. eeeeeeeef KRYSTAL CUTLER Notary Public -California San Diego County i Commission It 2444836 - y Comm. Expires May 18, 2027 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title{s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal and/or Stamp Above s;gnatur~ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -----------------------=-""=---------- Document Date: -----------------------=-Number of Pages: ____ _ ------Signer(s) Other Than Named Above:---------,.,"""'---------------- Capacity(ies) Claimed by Signer(s) Signer's Name: --------~.-,,:::_ __ _ □ Corporate Officer -Title(s): ----:::-,,,,,,,=;------ □ Partner -□ Limited □ □ Individual ral Attorney in Fact □ Trustee □ Guardian or Conservator □ Other:~"--------------- ©2019 National Notary Association Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: _________ _ EXHIBIT 'A' TO AGREEMENT BUILDING PERMIT NO. CBR2022-1139 REGARDING ENCROACHMENT AGREEMENT FOR OWNER'(S): MINDY J. FOX, A MARRIED WOMAN AS HER SOLE AND SEPERA TE PROPERTY. 3525 HIGHLAND DRIVE CARLSBAD, CA 92008 BENEFITED PROPERTY: 3525 HIGHLAND DRIVE CARLSBAD, CA 92008 APN: 205-210-12 LEGAL DESCRIPTION: PARCEL 1: THAT PORTION OF TRACT NO. 240 OF THUM LANDS. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER 01 SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS• BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND STREET, AS SHOWN ON SAID MAP DISTANT ALONG SAID CENTER LINE SOUTH 28 DEGREES 39 MINUTES EAST 123.40 FEET FROM THE CENTER LINE OF CHESTNUT AVENUE; THENCE PARALLEL WITH THE CENTER LINE OF CHESTNUT AVENUE SOUTH 61 DEGREES 21 MINUTES WEST 155.63 FEET; THENCE PARALLEL WITH SAID CENTER LINE OF HIGHLAND STREET SOUTH 29 DEGREES 39 MINUTES EAST 79.60 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO J. M. E. BROWN, ET AL.. RECORDED MARCH 12, 1948 IN BOOK 2709, PAGE 95 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWEST LINE NORTH 61 DEGREES 21 MINUTES EAST 155.63 FEET TO THE CENTER LINE OF HIGHLAND STREET; THENCE ALONG SAID CENTER LINE OF HIGHLAND STREET. NORTH 28 DEGREES 29 MINUTES WEST 79.60 FEET TO THE POINT OF BEGINNING. DA7f: 11-16-21 G.A.C. ENGINEERING and LAND SURVEYING 27475 ynez road #294, TEMECULA CA 92591 VolcB: 760.594-4889 Ema//: gcaudlll.gac@gmall.com DAID 11-16-21 EXHIBIT 'B' TO AGREEMENT REGARDING ENCROACHMENT AGREEMENT FOR BUILDING PERMIT NO. CBR2022-1139 CITY PROPERTY: A GENERAL UTILITY AND ACCESS RIGHT GRANTED TO THE PUBLIC USE THE HIGHWAY HIGHLAND DRIVE ACCORDING TO MAP THEREOF NO, 1681, Fll.ED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9TH, 1915. G.A.C. ENG/NEER/NG and LAND SURVEYING 27475 yn.z road #294, TEMECULA CA 92591 Voice: 780.594-4889 Emal/: gcaudlll.gac@gmall.com SITE MAP: N'LY, S'LY DRIVEWAY OPENIN 5' WIDE W WITH PAVER DA1£: 11-2+-2' EXHIBIT'C' EAGREE2023-0035 G.A.C. ENG/NEER/NG and LAND SURVEYING 27475 ~ l'D8d #294, TEMECULA CA 92591 Voice: 780.594-4889 Ema/I: gcaudl/.gac@Qmal.com